How best to deal with a planning appeal
When appealing a planning decision it is necessary to seek legal and engineering advice. Picture: iStock.
Residents of Delgany, Co Wicklow, have applied to the High Court for a judicial review of an Bord Pleanála decision approving a strategic housing development in their village.
More than €40,000 to help finance the application for a review was raised.
Once a decision has been made by a planning authority, an affected party may appeal the decision to An Bord Pleanala within four weeks of the decision being made.
An appeal can be lodged by the applicant that sought permission in the first instance or any person who made valid written submissions or observations in relation to the application for planning permission.
It is critical to seek both legal and engineering advice before lodging an appeal to An Bord Pleanala.
The law also allows a person to appeal who has an interest in land adjoining the land that is the subject of the planning permission.
It also applies in circumstances where the person did not make objections or submissions in the original planning application, in circumstances where the planning authority proposes to permit changes from that applied for, where the imposition of these conditions will materially affect their enjoyment of the land or its value.
The procedure in appealing a decision is critical. In order to properly lodge an appeal, the following steps must be taken:
- The appeal must be in writing;
- It must state the name and address of the appellant or the person making the referral and not the person acting on his or her behalf;
- It must detail the subject matter of the appeal or referral;
- It must set out the full grounds of the appeal or referral and the reasons considerations and arguments on which they are based;
- If observations and submissions are made in relation to the original planning authority application, then the planning authority’s acknowledgement of receipt of the submission must be included;
- The appropriate fee must be enclosed;
- It must be ensured that the application is made within the specified period. It should be noted that the law requires that the making of an application must be in accordance with the law or such application will be deemed to be invalid.
- An application should be sent by pre-paid post the Board or by leaving it with an employee of the Board during office hours. It is not sufficient to email and/or fax the application or leave it at the Board office outside of office hours.
In all circumstances, it is appropriate to seek legal advice in ensuring that the formalities of the appeal are complied with, as non-compliance will result in an invalid appeal.
The requirements for an appeal are contained in the planning Acts and most of the requirements are mandatory in that, failure to comply will be fatal and your appeal will not be dealt with.
You can appeal against a refusal to grant you planning permission or conditions attached to your permission or appeal against a decision to give someone else planning permission.
In this case you must have made a written submission/observation to the planning authority on the relevant application.
A valid appellant may request an oral hearing on payment of an additional fee.
An Bord Pleanala will only grant an oral hearing in cases particularly complex or significant or has significant national or local issues involved.
An Bord Pleanala aims to make a decision within 18 weeks. If this is not possible, it will inform all parties concerned.
In general, An Bord Pleanala will either:
- Grant Planning Permission;
- Grant Planning Permission with conditions;
- Refuse Planning Permission.
An Bord Pleanala’s decision is final and can only be challenged by judicial review in the High Court.
This process will judge whether the Board followed due process in reaching its decision and will not include an examination of the planning merits.
- Karen Walsh, from a farming background, is a solicitor practicing in Walsh & Partners, Solicitors, 17, South Mall, Cork (021-4270200), and author of ‘Farming and the Law’.
- Walsh & Partners also specialises in personal injury claims, conveyancing, probate and family law.
- Email: info@walshandpartners.ie Web: www.walshandpartners.ie
